Environmental Warranties for Carbon Emissions: New Regulations and Developing Legal Trends

Description

Greenhouse gases (GHG) regulations are top of mind issues for businesses across the U.S. and throughout the world. Aggressive U.S. EPA and state regulators are creating “facts on the ground” even as federal legislation and international treaties stall.

Companies that emit GHG, as well as their counsel, must understand the evolving legal environment and be prepared to make appropriate SEC disclosures and negotiate the environmental representation and warranties necessary to control risk under such regimes.

Listen as our panel of environmental attorneys outlines the applicable regulatory regimes, discusses of the questions and issues to address with practical advice when undertaking environmental due diligence, whether incident to SEC disclosures or as part of a merger or acquisitions.

Outline

1. Legal framework
   1. Federal law
      1. Clean Air Act
      2. EPA regulations
      3. SEC regulations
      4. Other agency requirements
   2. State law
2. Scope of due diligence of corporate risk
   1. Types of risk
   2. Company climate change review
   3. Evaluation of risk and opportunities presented by climate change issues
   4. Develop plan to manage risk
   5. Insurance and other forms of liability risk transfer
3. Best practices for disclosures, warranties and other risk protection measures
   1. What disclosures are required
   2. Warranties are essential, regardless of the jurisdictions involved
   3. Time limits and financial caps
   4. Ring-fencing/boxing of warranties
   5. What types of risk are usually covered
   6. Triggers for bringing claims and conduct of claims

Benefits

The panel will review these and other key questions:

• What environmental due diligence efforts are necessary to reduce corporate risk in a global business environment focused on reducing GHG emissions?
• What steps should companies and counsel take to develop plans to manage risk?
• What environmental warranties must be obtained, regardless of the jurisdictions involved?

Webinar/Teleconference

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CLE Credit

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